A Major Legal Victory for Fort Mill Residents
- Jul 21
- 2 min read
After more than two years of legal battles and community advocacy, a South Carolina Circuit Court has just affirmed the York County Board of Zoning Appeals' unanimous 5-0 decision that solar panel manufacturing is not a permitted use in York County's Light Industrial district.
Does this shut down Silfab immediately?
No. This Court ruling does not close the facility or revoke permits - additional enforcement and legal actions are now required.
What else did the court decision say?
The Court rejected every argument made to overturn the BZA's decision, including;
A 2022 zoning verification letter was not zoning approval and did not authorize the project.
The formal zoning interpretation issued by York County in 2024 was a valid administrative decision that could be appealed to the BZA.
A FILOT (Fee in Lieu of Taxes) agreement cannot override York County's zoning ordinance or authorize a prohibited land use.
The Court found substantial evidence supporting the BZA's conclusion that Silfab's proposed operation does not fit within the County's definition of Light Industrial, including the hazardous chemicals involved, projected emissions, and a 70-foot acid scrubber stack.
What Happens Next?
The community will now make several new filings and motions based on this new ruling, including motioning the court to lift the stay in:
CAGI v. Silfab, Exeter, and York County, Case No. 2024-CP-46-03532
Shouldn't York County Act?
Yes. The BZA ruled unanimously, and the Circuit Court affirmed that decision.
York County should now revoke the permits and CO issued to Silfab in violation of the BZA ruling.
How Can I Help Right Now?
Now is the time to keep the pressure on.
Residents should respectfully contact County Council and County leadership and ask them to enforce the affirmed BZA decision and revoke the permits that were issued after that ruling and in violation of that ruling.
Every email, phone call, public comment, and meeting reminds County leaders that residents expect transparency, accountability, and equal enforcement of the law. (View the list of email addresses here: https://www.movesilfab.com/email-list.)
How can I support the legal fight?
We are actively litigating across multiple fronts, including cases in South Carolina Circuit Court, the South Carolina Appellate Court, and the United States Supreme Court. Every filing, expert review, hearing, motion, and appeal requires significant resources.
To get over the next round of legal filings with the new order, this battle is back in the courts and our fundraising goal is $40,000.
Protecting our schools and preserving the future of our community isn't the responsibility of just a handful of people. It will take all of us.
If you are able, please consider making a contribution to help fund the legal fight ahead. (Make a donation here: https://www.zeffy.com/en-US/fundraising/donate-to-move-silfab-solar-to-an-appropriately-zoned-location.)
Together, we've accomplished something extraordinary. This ruling proves that persistence matters.
Now let's finish the job.
See the final order:
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